Notice of trademark rights is given by use of the symbols, TM, SM or ®, or by phrases such as "XYZ Company is the registered owner of the trademark ABC," or "Reg. U.S. Pat. Off." The symbols "TM" and "SM" are used for trademarks and service marks respectively, and provide notice that a company considers its use of a mark to be protected by trademark laws, even though the mark is not federally registered. Use of the "®" symbol gives notice specifically of the existence of a federal trademark registration.Failure to provide notice of federal registration can result in the court denying certain monetary awards, unless the plaintiff can prove the defendant actually knew the mark was registered.
